ESA or Universal Credit?

tomtom256

The rules have changed, as long as a fit note is declared when making a new claim to UC, the work capability process will start and they will be eligible for UC until a decision has been recieved. If in their favour then the claim will continue, but if not found to have LCW/LCWRA then the claim will close.
A claim to new style ESA should fail, as they won't meet the required eligibility to claim it.

poppy12345

tomtom256 said:

The rules have changed, as long as a fit note is declared when making a new claim to UC, the work capability process will start and they will be eligible for UC until a decision has been recieved. If in their favour then the claim will continue, but if not found to have LCW/LCWRA then the claim will close.
A claim to new style ESA should fail, as they won't meet the required eligibility to claim it.

Thanks good to know, thanks.

calcotti

tomtom256 said:

The rules have changed, as long as a fit note is declared when making a new claim to UC, the work capability process will start and they will be eligible for UC until a decision has been recieved. If in their favour then the claim will continue, but if not found to have LCW/LCWRA then the claim will close.
A claim to new style ESA should fail, as they won't meet the required eligibility to claim it.

I thought the change in rules was to expressly exclude that. Previously there was some ambiguity around this and the new rules say, as I understand it, a claim for UC cannot be made by a student unless they already have LCW. The way round it, as poppy indicated previously, is to apply for ns-ESA to trigger a WCA and once LCW status has been confirmed apply for UC.
See ADM memo 16/20: Universal Credit: Miscellaneous amendments (publishing.service.gov.uk)

poppy12345

calcotti said:

tomtom256 said:

The rules have changed, as long as a fit note is declared when making a new claim to UC, the work capability process will start and they will be eligible for UC until a decision has been recieved. If in their favour then the claim will continue, but if not found to have LCW/LCWRA then the claim will close.
A claim to new style ESA should fail, as they won't meet the required eligibility to claim it.

I thought the change in rules was to expressly exclude that. Previously there was some ambiguity around this and the new rules say, as I understand it, a claim for UC cannot be made by a student unless they already have LCW. The way round it, as poppy indicated previously, is to apply for ns-ESA to trigger a WCA and once LCW status has been confirmed apply for UC.
See ADM memo 16/20: Universal Credit: Miscellaneous amendments (publishing.service.gov.uk)

That's what i thought too but didn't want to argue because i couldn't find a link to prove my advice. Thanks for the link too, i'll save it for future reference.

tomtom256

calcotti said:

I thought the change in rules was to expressly exclude that. Previously there was some ambiguity around this and the new rules say, as I understand it, a claim for UC cannot be made by a student unless they already have LCW. The way round it, as poppy indicated previously, is to apply for ns-ESA to trigger a WCA and once LCW status has been confirmed apply for UC.
See ADM memo 16/20: Universal Credit: Miscellaneous amendments (publishing.service.gov.uk)

It's part of the current verify further education to-do as a valid excemption for full time students to claim UC, but they also need to be getting PIP as well. Not sure if it's an easement just whilst covid is about, but it's certainly in there, as it  threw me when I did one the other week, as I was getting ready to say no based on experience, but it was a yes, as they had already declared a fit note when they made the claim.
Seems somebody has possibly found some common sense.

I will double check tomorrow if I remember.

calcotti

tomtom256 said: It's part of the current verify further education to-do as a valid excemption for full time students to claim UC, but they also need to be getting PIP as well. Not sure if it's an easement just whilst covid is about, but it's certainly in there, as it  threw me when I did one the other week, as I was getting ready to say no based on experience, but it was a yes, as they had already declared a fit note when they made the claim.

Seems somebody has possibly found some common sense.

I will double check tomorrow if I remember.

If that is being done it would indeed be common senses but it completely contradicts the regulations introduced last year and referred to in the ADM I linked to.

There’s some background here https://www.gcnchambers.co.uk/secretary-of-state-for-work-and-pensions-operated-unlawful-policy-for-years-of-refusing-universal-credit-claims-from-disabled-students-r-kauser-and-jl-v-secretary-of-state-for-work-and-pensions-co/

in essence the courts found that DWP should do what you describe and common sense dictates but the new regulations reversed the ruling so that students with a disability benefit are only permitted to claim UC if they have already been determined to have LCW.

This old CPAG article described the old position https://cpag.org.uk/welfare-rights/resources/article/universal-credit-and-disabled-students. Students could either apply for ESA first to get a WCA determination in advance or apply for UC and ask DWP to stay the UC determination until a WCA had been carried out. Option 2 was hit and miss depending on who handled the claim. Option 2 is now explicitly excluded by the regulations. Reaction to those regulations here
https://www.disabilityrightsuk.org/news/2020/august/new-regulations-issued-excluding-disabled-students-universal-credit-entitlement

tomtom256

Sorry I forgot to check the other day, but checked today and it was incorrectly added and subsequently removed from the to-do.

So as posted by calcotti etc is the current correct way.

calcotti

Thanks for confirming, tomtom.